Category Archives: Public Policy and Governance

News And Political Polarization

A couple of days ago, in a comment to that day’s post, Paul Ogden placed considerable blame for America’s current polarization on the media environment we inhabit. He’s right (although I don’t think the “bubble” of rightwing news sources is incompatible with the research showing that  racial animosity motivates many, if not most, Trump supporters.)

Here’s the problem: Thanks to Fox News, Sinclair, Breitbart and thousands of others on and off the web, we don’t have a “marketplace of ideas.” A marketplace contains a wide variety of “goods” openly competing against each other. But research has shown that  those on the right, especially, get almost all of their news from sources that confirm their pre-existing biases. That ideological loyalty, and the decimation of local newspapers (the vestigial Indianapolis Star just announced yet another round of newsroom cuts), has prompted political propagandists to pretend to be local news outlets. The New York Times recently reported on one such effort: a nationwide operation of 1,300 supposedly local sites publishing articles produced by Republican groups and corporate P.R. firms.

The rise of a media ecosystem devoted to active disinformation poses a huge dilemma for people who–like me–tend to be First Amendment purists. I agree with the value judgment implicit in free speech jurisprudence: the circulation of  bad ideas is certainly dangerous, but allowing government to decide which ideas may be circulated would be even more dangerous.

The First Amendment requires government to be content neutral. It forbids government from censoring points of view–as Justice Holmes memorably put it, the Amendment “protects the idea we hate.” But that doesn’t preclude any and all government action.

Last Sunday, in a profoundly important cover story for the Times Magazine, Emily Bazelon considered the problem and some potential solutions. 

Bazelon began with an example, showing how one remark was twisted from its original context into an absolutely false accusation of wrongdoing. She followed that with an important observation: the spewing of falsehoods isn’t meant to win the battle of ideas; it is meant to prevent that battle from being fought.

This takes us back to Paul’s observation about closed media ecosystems. There is no battle between ideas, because they aren’t expressed in the same marketplace. They aren’t contending against contrary opinions–they’re hermetically sealed against them. Scholars at Harvard analyzed hyperlinks of four million articles, and found that the conservative media did not counter lies and distortions, but actively recycled them through other like-minded  outlets.

Bazelon points out the fatal flaw of Citizens United and preceding cases equating money with speech. “By requiring the state to treat alike categories of speakers — corporations and individuals — the Supreme Court began to go far beyond preventing discrimination based on viewpoint or the identity of an individual speaker.”

Bazelon’s article is a lengthy tour de force. I really urge you to click through and read it in its entirety, because it is not limited to a series of examples of disinformation and the damage  caused–she tackles the all-important question: what can we do about it? Are there measures consistent with the First Amendment that can help restore a genuine marketplace of ideas?

Several of the rules currently imposed by European countries would pass constitutional muster here, and regulations we’ve jettisoned could be revived; she points to former rules on diversity of ownership (until the 1980s, FCC rules barred a single entity from owning a TV station and newspaper in the same local market). We can–and should–beef up anti-trust enforcement.

Online, government could require additional disclosures–identifying the producers and funders of election advertisements. And as she notes, there is no legal barrier to increasing the delivery of reliable information. Government could fund nonprofit journalism or create additional public radio and television outlets. At the least, government could condition the existing legal immunity of social media platforms on more effective efforts to counter disinformation.

In her final paragraph, she explains what is at stake.

As we hurtle toward the November election with a president who has trapped the country in a web of lies, with the sole purpose, it seems, of remaining in office, it’s time to ask whether the American way of protecting free speech is actually keeping us free. Hannah Arendt finished her classic work on totalitarianism in the early 1950s, after barely escaping Germany with her life, leaving friends and homeland behind. She was a Jewish intellectual who saw the Nazis rise to power by demonizing and blaming Jews and other groups with mockery and scorn. The ideal subject of fascist ideology was the person “for whom the distinction between fact and fiction (i.e. the reality of experience),” Arendt wrote, “and the distinction between true and false (i.e. the standards of thought) no longer exist.” An information war may seem to simply be about speech. But Arendt understood that what was at stake was far more.

Read it. It’s important.

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The Case For Expertise

Michael Gerson is a political conservative who served in George W. Bush’s administration. He has also been a consistent “never Trumper.” He recently made the conservative case for Joe Biden, in a Washington Post column.

Gerson began by reciting some of the reasons conservatives should reject not just Donald J. Trump but the Republicans running with him, in order to crush the current iteration of the GOP.

Because of the terrible damage Trump has done to the Republican Party, it is not enough for him to lose. He must lose in a fashion that constitutes repudiation. For the voter, this means that staying home on Election Day, or writing in Mitt Romney’s name, is not enough. She or he needs to vote in a manner that encourages a decisive Biden win. This theory also requires voting against all the elected Republicans who have enabled Trump (which is nearly all elected Republicans). A comprehensive Republican loss is the only way to hasten party reform. Those who love the GOP must (temporarily) leave it and ensure it is thoroughly defeated in its current form.

Gerson then moved to the positive reasons to support Joe Biden, and in doing so made a point that is far too often ignored. As he reminds readers, the restoration of our governing institutions  requires the knowledge and skills of an insider. “We have lived through the presidency of a defiant outsider who dismisses qualities such as professionalism and expertise as elitism.”

As readers of this blog know, I teach in a school of public affairs. We teach students who are planning to go into government the specialized “knowledge and skills” that they will need in such positions. Those skills differ from the skills imparted in the business school; they include everything from public budgeting to the important differences between the private, public and nonprofit sectors, to political philosophy, to constitutional ethics.

I am so over the facile assertion that success in business (and yes, I know Trump wasn’t successful) will easily translate into the ability to run a government agency or  administration. The job of a businessperson is to make a profit; the job of government is to serve the public good. People who do not understand that distinction–and the very different approaches that distinction requires– don’t belong in public positions.

Gerson makes another important point: the complexity of today’s government requires administrators who actually understand how it all works.

There is a reason why the uninspiring Gerald Ford was an inspired choice to follow Richard Nixon. Ford had been a respected legislator for a quarter of a century. As president, he knew the personnel choices and institutional rituals that would begin to restore credibility to politicized agencies. Biden has the background and capacity to do the same.

Gerson characterizes this election as a choice between an arsonist and an institutionalist, and points to the assets of the institutionalist. I agree, but I also understand that some fires are set accidentally. Trump is, of course, an intentional arsonist, but his monumental ignorance has also done incredible–often inadvertent– harm to our governing institutions.

During his embarrassing Town Hall on NBC,  Trump defended his re-tweet of a conspiracy theory, prompting Savannah Guthrie to remind him that he is President, not “someone’s crazy uncle.” But really, electing a President with absolutely no understanding of government, the constitution, checks and balances or the way public administration actually works has turned out to be pretty much the same thing as putting someone’s crazy uncle in charge.

Not just Presidents, but all government officials need specialized knowledge and skills to do their jobs. There’s a big difference between expertise and “elitism,” and if the pandemic has taught us anything, it is that we shouldn’t listen to the crazy uncles who resent people who know what they are talking about.

If the last four years have taught us anything, it’s that Ignorance and self-aggrandizement aren’t qualifications for political office.

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Dishonesty And Healthcare

As the blizzard of political television ads becomes ever more annoying–and less informative–one thing about them has become very interesting. Even Republicans who have previously made it clear that they don’t want government involved in healthcare are airing advertisements touting support for Medicare and willingness to protect pre-existing conditions.

I’ve been particularly struck by the U Turn in Indiana’s Fifth District, where a radically-reactionary, pro-Trump Republican noted for opposing “socialism” (which she has defined to include pretty much anything done by government) has begun running commercials supportive of Medicare and coverage of pre-existing conditions. Evidently, her polling has overcome her previously expressed belief that government should have no role in health care.

She’s not alone.

When the Affordable Care Act (aka Obamacare) passed, several Republicans went on record with their concern that its trajectory would mirror that of Medicare and Medicaid: despite initial resistance, the public would come to expect/demand/approve of the program. Survey research has confirmed those fears, which is why GOP officeholders continue to pretend that they will protect access to healthcare at the same time as they are feverishly working to eviscerate it.

The Brookings Institution recently published a report detailing six ways Trump has sabotaged the ACA.The report began by stressing that its authors did not use the term “sabotage” lightly.

For analytic purposes, the term “sabotage,” should not be used lightly. Presidents upon taking office typically have priorities that trigger executive actions strengthening some programs while weakening others. The losing programs often face resource reductions, pressure to deemphasize certain goals, directives to alter their administrative approaches, and other measures that can undermine their effectiveness. In doing so, a president often pays lip service to the program, claiming it has been “modernized” or otherwise improved. In contrast, Webster’s defines “sabotage” as efforts to foster “destruction and obstruction” and to “cause the failure of something.” In the context of the administrative presidency, it reflects a commitment to program emasculation and termination through executive action. As such, it sharply departs from the constitutional requirement that the president “take care that the laws be faithfully executed.”

There were six actions detailed in the report.

1) The administration dramatically reduced outreach about, and opportunities for enrollment in, the ACA’s insurance exchanges. The administration sharply reduced support for advertising and exchange navigators and reduced the annual enrollment period to about half the number of days. 

2) Together with Congressional Republicans, it reneged on commitments to private insurance companies. Those insurers had been offered various subsidies that reduced the risks of participating in the exchanges. The GOP failed to honor those commitments.

3) The administration has constructed what the report calls “off-ramps to cheaper, lower-quality insurance.” One goal of the ACA was to improve the quality of health insurance by specifying essential benefits, guaranteeing coverage of those with preexisting conditions at reasonable rates, and prohibiting insurers from imposing certain spending caps. The Trump administration expanded access to coverage that was cheaper because it didn’t meet these standards and that siphoned off the healthier enrollees whose participation is needed to make the ACA work.

4) It allowed–indeed, promoted– a variety of state waivers that decreased ACA enrollments and undermined its regulatory structure.

5) It discouraged legal “aliens” from enrolling in Medicaid. In a particularly evil move, Homeland Security promulgated a “public charge” rule authorizing officials to treat Medicaid enrollment as a negative factor when reviewing the requests of legal non-citizens to extend their stays or change their status (e.g., from temporary to permanent resident).

6) And then there’s the existential threat. The Trump Administration brought the lawsuit that is now pending at the Supreme Court, attacking the constitutionality of the ACA. If that suit is successful–despite a legal argument that has been widely characterized as ridiculous, despite its endorsement by an appellate court composed of Trump-appointed judges– millions of Americans will lose access to health care.

As a student once reminded me, the United States doesn’t have a health-care system; we have a health-care industry. As a result, millions of Americans remain underinsured or completely uninsured, other millions are bankrupted each year by medical costs, and our health outcomes are among the absolute worst in the developed world. 

Deeply dishonest political rhetoric to the contrary, the current Republican Party wants to keep it that way.

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Bananas

During the past four years, assertions that the U.S. is devolving into a “banana republic” have become almost commonplace.

“Bananas” is also a term used to describe people or behaviors that range from bizarre to insane. Bananas thus describes our everyday political reality in the Time of Trump.

There was the plot to kidnap Michigan’s Governor Gretchen Whitmer. The FBI described the plan as a months-long effort that also saw members of a rightwing militia “consider forgoing the kidnapping and instead executing Whitmer on her doorstep.”

According to the affidavit, plotters twice surveilled the governor’s vacation home and discussed blowing up a bridge leading to the house and using a boat to flee with the captured Whitmer.

The plot continued to gather pace into October, before the FBI arrested Fox, Barry Croft, Ty Garbin, Kaleb Franks, Daniel Harris and Brandon Caserta in a series of raids on Wednesday night.

“When I put my hand on the Bible and took the oath of office 22 months ago, I knew this job would be hard,” Whitmer said on Thursday. “But I’ll be honest, I never could have imagined anything like this.”

In addition to the militia primarily responsible–the “Wolverine Watchmen”–there was evidently a connection to the “boogaloo boys” movement, which is mostly dedicated to eradicating the government and killing law enforcement officers. (Boys will be boys!)

There has been steady growth of these groups of rightwing, anti-government, racist lunatics over the past twelve years. Hysteria over the election of a Black President apparently gave them impetus, and the subsequent election of a psychological fellow-traveler has been seen as permission and encouragement.

More bananas: Trump has always been unhinged, but evidently a combination of impending electoral loss and steroids has magnified his psychoses. As David Von Drehle recently wrote at the Washington Post

President Trump on drugs. Wow. I have to admit that I failed to see this one coming. Trump’s political career has been such a wild ride all by itself, it never occurred to me to wonder what would happen if this grandiose narcissist with the bombastic flair were to be filled to the gills with a powerful steroid. Just as I never looked at Usain Bolt, the great Jamaican sprinter, and mused: What would he be like on a rocket sled?…

Even after the president returned to the White House from the hospital, his docs continued to pump in dexamethasone, a steroid normally given to covid-19 patients struggling for life on a ventilator. Its purpose is to tamp down an overly intense immune reaction known as a cytokine storm but, in this case, it may be ramping up the chaos known as Donald Trump.

And talk about chaos! As Heather Cox Richardson described Trump’s recent behavior,

The major, obvious, in-your-face story of the day is that the president is melting down. He has spent much of the last two days calling in to the Fox News Channel and Rush Limbaugh’s radio show and ranting in a manic way that suggests he is having trouble with the steroids he is taking for his illness.

In an interview with Rush Limbaugh today, Trump boasted that “our nuclear is all tippy top now,” and said about Iran, “If you f*** around with us, if you do something bad to us, we’re gonna do things to you that have never been done before.” He tweeted that “Obama, Biden, Crooked Hillary and many others got caught in a Treasonous Act of Spying and Government Overthrow, a Criminal Act. How is Biden now allowed to run for President?” This is pure fiction, of course, but his campaign later put it in a fundraising email.

Trump’s doctors have yet to clear him for interactions with people, but that hasn’t stopped the narcissist-in-chief; he invited 2000 people for a rally on the South Lawn of the White House. (That, as Richardson points out, is yet another violation of the Hatch Act–but in an administration as corrupt as this one, that’s barely worth a footnote.)

Von Drehle cites the Mayo Clinic for an enumeration of side effects of the drug the President is receiving: “agitation,” “anxiety,” “irritability,” “mood changes,” “nervousness” and — perhaps most apt — “trouble thinking.” 

What happens when you give a drug with those side effects to a man who already exhibits those behaviors–and whose level of intellectual development is best displayed by his description of America’s nuclear capability as “tippy top”? 

Friday, my husband and I made another trip to the City-County Building to cast early in-person votes. At 8:15 in the morning, the line was once again incredibly long–and as it moved (briskly, I’m pleased to report), it was steadily replenished. When we drove by yesterday,  the line was nearly twice as long.

I am cautiously optimistic that sane Americans have developed an allergy to bananas.

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Restoring The Rule Of Law

In early September, a post to the Lawfare blog considered what it would take to repair the Trumpian assault on the rule of law.

For those unfamiliar with Lawfare, the blog–launched in 2010– is devoted to what it describes as “that nebulous zone in which actions taken or contemplated to protect the nation interact with the nation’s laws and legal institutions.”

I often talk about the rule of law without bothering to define it, but at this juncture in our shared national experience, I think it would be useful to step back and do so. The American Bar Association definition will do nicely:

The rule of law is a set of principles, or ideals, for ensuring an orderly and just society. Many countries throughout the world strive to uphold the rule of law where no one is above the law, everyone is treated equally under the law, everyone is held accountable to the same laws, there are clear and fair processes for enforcing laws, there is an independent judiciary, and human rights are guaranteed for all.

The linked post begins by stating the obvious: Trump’s tenure has been a constant, unremitting assault on those principles, and the behavior of his administration has inflicted considerable damage on America’s most fundamental values.

His attacks on the free press, the independent judiciary and the independence of the Department of Justice have all created significant damage. His abuse of executive discretionary authority has made a mockery of the concept of checks and balances. His gaming of the judicial system has revealed weaknesses in our legal process. His attempts to place himself (and his family and his business interests) above the law have called into question foundational national conceptions of equal justice. In short, President Trump has led a wrecking crew (aided and abetted by William Barr and Mitch McConnell) that has severely damaged American legal norms of behavior.

The question, of course, is “what can we do about it?” Assuming a Biden victory in November, what are the remedies available to policymakers to restore respect for and adherence to the fundamental principles of the rule of law?

Because Lawfare’s focus is on foreign policy, the linked post primarily describes specific aspects of Presidential authority and Congressional oversight that are important to the conduct of foreign affairs. But most of the recommendations sweep more widely–for example, tightening the conditions under which Presidents can place “acting” officials in important government positions, and for how long–a process that currently allows a President to avoid having the Senate determine whether that individual is qualified and should be confirmed. As the post reminds us, the Trump administration “has exploited this authority to avoid the Senate confirmation process while placing preferred individuals in key positions.”

Other reforms with broad implications would make disclosure of Presidential tax returns mandatory (this one needs no explanation), and significantly narrow  Presidents’ ability to declare “emergencies” and thus exercise emergency powers. Added protections for Inspectors General would likewise seem obvious–and important.

There are other reforms suggested, and the post is worth reading in its entirety. I hope incominglawmakers take its recommendations seriously.

Assuming–as hopeful people must–a wholesale repudiation of this lawless and dangerous administration and its GOP enablers, Americans can decide to make a silk purse out of the  Trumpian sow’s ear–we can see from the lawless behaviors and the assaults on democratic norms where the legal and structural weaknesses are, and move to strengthen them. We can re-commit this country to the rule of law and to our founding aspirations.

Or, of course, we can lapse further into tribal conflict, and thereby accelerate America’s decline.

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